• Can a new writ be registered with new evidences after the old one stands cancelled in double bench

I had put a writ which was first cancelled in single bench in 2007 in Allahabad High Court. After cancellation i had went to Double bench for , which was also cancelled in 2017. 
Post Cancellation of the writ in double Bench i had seek some very useful evidences which directly impacts my case from RTI.
Now after having the evidences i again want to register a new writ with the new evidences.
I want to know whether i can go for new writ or not ?
Please guide me for further process which can be done in this matter.
Asked 13 days ago in Labour from Lucknow, Uttar Pradesh
You can file review petition in HC Rely upon new evidence in your possession
Ajay Sethi
Advocate, Mumbai
53416 Answers
3195 Consultations

5.0 on 5.0

HC may allow a review on three specified grounds, namely, (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decree was passed, (ii) mistake or error apparent on the face of the record, and (iii) for any other sufficient reason. 2) you should file for review rather than fresh petition
Ajay Sethi
Advocate, Mumbai
53416 Answers
3195 Consultations

5.0 on 5.0

3. In Aribam Tuleshwar Sharma v. Aibam Pishak Sharma (1979) 4 SCC 389, this Court answered in affirmative the question whether the High Court can review an order passed under Article 226 of the Constitution and proceeded to observe (Para 3): "But, there are definitive limits to the exercise of the power of review. The power of review may be exercised on the discovery of new and important matter or evidence which, after the exercise of due diligence was not within the knowledge of the person seeking the review or could not be produced by him at the time when the order was made; it may be exercised where some mistake or error apparent on the face of the record is found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court."
Ajay Sethi
Advocate, Mumbai
53416 Answers
3195 Consultations

5.0 on 5.0

A writ petition on the same cause of action is barred and this principle is part of law and public policy. You have stated that new evidence has come to light and therefore the weight of the evidence the matter at hand and the reason for such evidence not to b3 available before has to be considered in order to file a fresh writ petition. You say that tge evidence is very substantial and it completely changed the direction of the case. If this is so the writ petition is maintainable. Regards
Rahul Mishra
Advocate, Lucknow
1695 Answers
7 Consultations

5.0 on 5.0

If your it is not coming under limitation then you can file your writ with fresh grounds
Vimlesh Prasad Mishra
Advocate, Lucknow
3569 Answers
7 Consultations

4.9 on 5.0

Hi, if new substantial peice of evidence is found out, you can again file a WRIT petition..However it's admissibility depends upon the discretion of high court
Hemant Chaudhary
Advocate, Gurgaon
3893 Answers
16 Consultations

4.9 on 5.0

There is no bar for filing a petition under article 226
Mohammed Mujeeb
Advocate, Hyderabad
2746 Answers
1 Consultation

4.8 on 5.0

you can file a fresh writ petition with new evidences creating a new cause of action. at the time of filing new writ you must mention the old case and must substantiate that why you are filing the new one.
Manish Paul
Advocate, Kolkata
233 Answers

4.9 on 5.0

Yes a new writ can be filed with new evidence and change in circumstances that is subsequent development.
Shubham Jhajharia
Advocate, Ahmedabad
8686 Answers
27 Consultations

5.0 on 5.0

Yes you are right a review cannot be filed with new evidence and new facts.
Shubham Jhajharia
Advocate, Ahmedabad
8686 Answers
27 Consultations

5.0 on 5.0

So file a fresh writ and plead the change in circumstances before the court.
Shubham Jhajharia
Advocate, Ahmedabad
8686 Answers
27 Consultations

5.0 on 5.0

Share the order of the court and details of the case that were filed by you. Regards
Anilesh Tewari
Advocate, New Delhi
12816 Answers
166 Consultations

5.0 on 5.0

If we change the prayer then fresh petition can be filed or if the same was not decided on merit then the fresh can be filed
Anilesh Tewari
Advocate, New Delhi
12816 Answers
166 Consultations

5.0 on 5.0

Concrete advise can only be given to you after perusing the documents available with you. Regards
Anilesh Tewari
Advocate, New Delhi
12816 Answers
166 Consultations

5.0 on 5.0

I would advise you to opt for a review instead of a second writ petition because the latter is unlikely to succeed in the teeth of the principles of res judicata and constructive res judicata. A review petition is maintainable on the ground that some vital piece of evidence or matter has come to light that was not known at the time of the original proceeding despite every possible endeavour on part of the review petitioner to discover it. The delay in filing review can always be condoned by the court where justifiable reasons to do so are present. In your case, you say that you did not have certain potentially clinching evidence earlier. So there was no question of your sustaining a review petition at an earlier point in time. Your ground for review and condonation of delay in filing review are deeply linked. I hope you have your answer. Follow-up questions welcome.
Pulkit Chandna
Advocate, New Delhi
156 Answers
1 Consultation

4.9 on 5.0

Second petition cannot be filed on the same issue. It will amount to double jeopardy. But you can try to file appeal by submitting condonation of delay.
Abhilasha Wanmali
Advocate, Nagpur
865 Answers
1 Consultation

4.8 on 5.0

What you have hear is wrong or whosoever has informed or misinformed you about review petition is also wrong a review petition can be filed if the petitioner finds new material limitation period is not applicable to writ petitions there is no restriction in filing a fresh petition with pleadings based on new material but do disclose about dismissal of original writ by single bench and appeal by division bench. It is always better to approach court with all information including fact of dismissal of original petition rather than other side pointing out that to the court
Yusuf Rampurawala
Advocate, Mumbai
2314 Answers
6 Consultations

5.0 on 5.0

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.
Vibhanshu Srivastava
Advocate, New Delhi
7298 Answers
88 Consultations

5.0 on 5.0

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.
Vibhanshu Srivastava
Advocate, New Delhi
7298 Answers
88 Consultations

5.0 on 5.0

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again.
Vibhanshu Srivastava
Advocate, New Delhi
7298 Answers
88 Consultations

5.0 on 5.0

You can file a fresh writ petition adducing the fresh evidences, only in case you have a fresh cause of action to institute a writ petition or in case you were given liberty by the High Court Div. Bench to re-approach again. Review petition can be allowed on three specified grounds, namely (i) discovery of new and important matter or evidence which, after the exercise of due diligence, was not within the applicant's knowledge or could not be produced by him at the time when the decree was passed, (ii) mistake or error apparent on the face of the record and (iii) for any other sufficient reason.
Vibhanshu Srivastava
Advocate, New Delhi
7298 Answers
88 Consultations

5.0 on 5.0

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